Law, Or, a Discourse Thereof: In Four Books |
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Law, Or, A Discourse Thereof: In Four Books Sir Henry Finch,Danby Pickering No preview available - 2023 |
Common terms and phrases
action affigned affize againſt alfo alien anceſtor anſwer attaint attornment becauſe cafe caufe cauſe chancery CHAP chattels common law court court baron debt deed default defendant detinue dieth diffeifin diftrain diftrefs doth dower effoin eftate Eliz eſtate executor fame fee-fimple feifed feifin felony feme covert feoffee feoffment fervice fhall fheriff fhew fhould firft fome freehold fuch fufficient fuit fummons grant Hale's Hift hath Hawk heir himſelf holden houſe huſband Ibid iffue Inft jointenants judgment juftices jury king king's land leafe leet leffee lieth lord maketh matter mefne muft muſt Old N. B. otherwife party perfon plaintiff plea plead Plowd poffeffion præcipe prefent procefs purchaſe quod reafon releaſe rent replevin reverfion Salk ſhall Stamf Statutes tenant thall theſe things thoſe trefpafs unto uſe void warranty Weftm whereof wife writ of right
Popular passages
Page 122 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...
Page 54 - TYim'ty-Term, no dilatory Plea shall be received in any Court of Record, unless the Party Offering such Plea, do, by Affidavit, prove the Truth thereof, or shew some probable Matter to the Court to induce them to believe that the Fact of such Dilatory Plea is true.
Page 126 - The commonest form of such gifts seems to have been that which designated as its objects a husband and wife and the heirs springing from their marriage; but a gift to a man and the heirs of his body, or to a woman and the heirs of her body, was by no means unusual. On the other hand, a form which excludes female descendants, any such form as created the "estate in tail male" of later days, was, if we are not mistaken, rare.
Page 123 - Neither shall the second husband of any such woman from henceforth have anything in the land so given upon condition after the death of his wife, by the law of England, nor the issue of the second husband and wife shall succeed in the inheritance, but immediately after the death of the husband and wife, to whom the land was so given, it shall come to their issue or return unto the giver or his heir as before is said.
Page 482 - Judges fiuill proceed and give Judgment according as the very Right of the Caufe and Matter...
Page 108 - ... figned by the parties fo making or creating the fame, or their agents thereunto lawfully authorized by writing...
Page 338 - ... punifhed, according to the *' law and cuftoms of the realm ; and alfo to inform of " them; and to inquire of all thofe that have been pil<* lors and robbers in the parts beyond the fea, and be " now .come again, and go wandring, and will not " labor as they were wont ; and to take and arreft all " thofe that they may find by indictment, or by fufpicion, " and to put them in prifon ; and to take of all them " that be not of good fame, where they...
Page 226 - Justices, or in his other places, or before any of his other ministers, or in the Courts and places of any other Lords within the realm, shall be entered and...
Page 229 - ... treasury, courts, or places from whence they be certified, the parties in affirmance of the judgments of such record and process shall have advantage to alledge, that the same writing is variant from the said certificate, and that found and certified, the same variance shall be by the said judges reformed and amended according to the first writing.
Page 85 - Law ... he hath a prerogative in all things that are not injurious to the subject ..." None the less it was controlled: 'the King's prerogative stretcheth not to the doing of any wrong: for it groweth wholly from the reason of the Common Law and is as it were a finger of that hand although so much differing in fashion (as the head and the body can never be of one proportion) that if you set them in parallels together, you shall find it to be law almost in every case of the King, that is law in no...